La inadmisión de la acción de protección y la tutela judicial efectiva.

This research project entitled "The Inadmissibility of the Protection Action and Effective Judicial Protection" originates from Resolution No. 0289-DCD-UNACH-2022. In this regard, the present research determines the violation of the right to effective judicial protection through the order...

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Autor principal: Vaca Pazmiño, Karla Bridget (author)
Formato: bachelorThesis
Idioma:spa
Publicado em: 2023
Assuntos:
Acesso em linha:http://dspace.unach.edu.ec/handle/51000/11132
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Resumo:This research project entitled "The Inadmissibility of the Protection Action and Effective Judicial Protection" originates from Resolution No. 0289-DCD-UNACH-2022. In this regard, the present research determines the violation of the right to effective judicial protection through the order that inadmissible the protection action as established in Art. 42 numeral 1 of the Organic Law of Jurisdictional Guarantees and Constitutional Control where it is stated that the protection action is not appropriate when the facts do not show that there is a violation of one or more constitutional rights. Thus, through this study, a conclusion is reached in which it is sought that there is indeed a violation of effective judicial protection as it is the foundation of all legal norms and as it is recognized in international instruments and in Ecuadorian legislation itself. For the development of this research, three units are carried out: a) Effective Judicial Protection; b) The Protection Action and c) The order of inadmissibility of the protection action and violation of the right to effective judicial protection. The appropriate methodological design for an investigation was be carried out in a descriptive and analytical way, thus trying to obtain conclusions or deductions that was be developed through qualitative methods as primary and secondary sources used in the investigation, as well as conclusions and recommendations according to the problem investigated.